The Franklin Forge: Patent Process
The Patent Application
You don't have to spend $5,000 to $10,000 on a patent application to see if a manufacturer will be interested in your invention; instead, you can obtain a Provisional Patent Application (PPA) from the USPTO.
At a reduced cost, you can designate your idea/invention as "patent pending" while still preserving your right to a non-provisional application. The PPA gives people a year to find a manufacturer to produce and market their invention. If a company agrees to license the idea they will most likely pay all additional patent fees, including international protection under the Patent Cooperation Treaty (PCT).
Manufacturers often pay those additional patent fees to protect their investment. As manufacturers, they have the biggest risk, and know it’s smart business to protect their investment. When compared to the investment for set-up, production, marketing, promotion and distribution, the cost of the patent process is insignificant.
If a provisional application does not suit your needs, we can easily have a non-provisional utility or design application filed on your behalf.
The Patent Search…is it necessary?
The new patent Law encourages inventors to file a patent application as soon as possible. Prior documentation (e.g., a notarized statement) helping to establish a date of conception is no longer relevant under the new U.S. Law. Under that new Law, inventors are now on a “first to file” system as opposed to the previous “first to invent” system. That is, the “date of conception” of an invention automatically is determined by the date the application is filed in the Patent Office.
Conducting a preliminary patent search takes about 2-3 weeks and will delay the filing of your application accordingly. People ask, “If it’s so important to get the patent application filed as quickly as possible, why then is it necessary to conduct a patent search?” Conducting a patent search is important if you’re going to file a Non-Provisional/Utility Patent Application because one requirement of such an application is a description of the prior art (previously issued patents) relating to your invention.
However, if you’re going to initially file a Provisional Patent Application (PPA), a patent search is merely an option. A properly prepared PPA has a written description of your invention and where applicable appropriate patent drawings illustrating a preferred embodiment of your invention. A PPA does not require discussions about the prior art, claims or an abstract. Filing a PPA is very affordable, establishes a filing date under the new Law, and places you in the “patent pending” stage.
The advantage of having a patent search done before you file a PPA is that you can determine if another has already patented your invention, or whether an unexpired patent exists claiming your invention. Do you want to know if your idea conflicts with an unexpired patent? Would you like to know what aspects of your idea are potentially patentable? If you’re answer is “yes” to either question … then a patent search is a valuable option.
Also, you may want to keep in mind the likelihood that any manufacturer seriously interested in your invention will exercise “due diligence” and have a patent search conducted before they make you an offer. This likely will occur whether or not you elect to do your own preliminary patent search.
If you decide to have a patent search conducted, we offer two types: a Screening Search or a Novelty Search. A registered U.S. Patent Attorney and a patent consulting firm perform the searches.
Both patent search investigations are conducted by the Patent Searcher using the Examiner’s Automated Search Tool at the U.S. Patent and Trademark Office (USPTO). This is essentially the same system used by government Patent Examiners when searching pending patent applications.
The Screening Search reviews the unexpired prior art patents identified by the searcher. The searcher provides comments in a written regarding whether your invention conflicts with the claim(s) of any of the unexpired prior art patents.
The Novelty Search carries the Screening Search one step further. The patent searcher also reviews expired patents, and the written report will also comment on the possibility of obtaining patent protection for your invention.
Helping PEOPLE Turn Ideas into Products.